Nuclear Weapons and Law

International Law as Law of the Land: Another Constitutional Constraint on Use of Nuclear Weapons *

Martin Feinrider**

Introduction

Concern now focuses on the threat to humankind posed by nuclear weapons to an extent not seen since the days of the Ban-the-Bomb movement of the 1950s. 1 During the past several years, millions of people have taken to the streets in North America and Europe to express this concern. 2 Now, in the United States, physicians, scientists and lawyers are banding together in their own professional organizations to concentrate energies and expertise on this, the greatest problem of our age. 3

As part of the legal community's effort to address issues presented by nuclear weapons, 4 Professor Arthur S. Miller has written a thought-

* Reprinted, with permission, from Nova Law Journal, Volume 7, Number 1 (1982).

** Associate Professor of Law, Nova University Center for the Study of Law. The author is a member of the Consultative Council of the Lawyers' Committee on Nuclear Policy. He gratefully acknowledges the assistance provided by Maria Fernandez-Valle, a Goodwin Research Fellow at Nova Law Center, during preparation of this Article for publication.

1. “Concern for the risks of nuclear proliferation (and for the underlying risk of nuclear war) is the beginning of wisdom.” Farley, Nuclear Proliferation, in SETTING NATIONAL PRIORITIES: THE NEXT TEN YEARS 129, 165 (H. Owen & C.L. Schultze eds. 1976).

During November 1982 elections, Nuclear Freeze proposals were approved in 9 out of 10 state referenda and 27 out of 29 city and county referenda. Union of Concerned Scientists, November 11th Convocation Update, No. 8 (Nov. 5, 1982).

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